Legal Question in Civil Rights Law in Massachusetts
Motion to dismiss denied does it have resjuicata effect
In a Civil Case when a judge denies the defendant's motion to dismiss, does that denial of motion have resjudicata effect on Summary Judgment Motion by defendant? In Mass Practice, Smith and Zobel state that it does, that Motion12(b)(6) is a judgment on the merits and that it has a binding effect and has resjudicata implications. I know that granting such a motion has resjudicata effect in subsequent filings, but does the denial of such a motion to dismiss record the same effect on the party being denied it's motion? Both Mass and U.S. Civil Rules state that it does.
1 Answer from Attorneys
Re: Motion to dismiss denied does it have resjuicata effect
You're question is going to be difficult to answer in a short paragraph, but I'll do my best.
A 12(b)(6) Motion can be granted when a Plaintiff has failed to state a claim in the complaint upon which relief can be granted. The motion itself attacks the statements in the complaint only.
A Motion for Summary Judgment can be granted when there are no disputed questions of fact, and the moving party is entitled to judgment as a matter of law. In this motion, the Court can look at any admissible evidence and is not bound solely by the allegations in the complaint.
Now if the 12(b)(6) motion to dismiss is denied, there is no res judicata effect on Summary Judgment - because the 12(b)(6) motion only addresses the complaint, the Summary Judgment motion looks at the evidence. It's a different standard.
I hope this helps. I am not sure if I answered the question you were posing.
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